What Happens When A Party Dies During A Wrongful Death Lawsuit?

Losing a loved one as a result of someone else's negligence is tragic. Unexpected deaths are not only emotionally devastating, but they can also create a significant financial burden for family members left behind.

Wrongful death lawsuits are a tool that can be used to help recoup some of the financial losses experienced as a result of wrongful death. Unfortunately, there is always the possibility that one of the parties involved in a wrongful death lawsuit will pass away before a resolution has been reached.

You will need the help of an experienced attorney to ensure that the death of a legal party doesn't sidetrack your legal rights during a wrongful death lawsuit.

When the Defendant Dies

The death of a defendant in a wrongful death lawsuit doesn't mean the lawsuit becomes obsolete. Surviving family members are still legally entitled to any compensation they would have received had the defendant lived to see the resolution of the lawsuit. When a defendant dies during a wrongful death lawsuit, you will need to work with your attorney to take the extra steps required to protect your interests.

Your attorney can use their legal connections to uncover the name of the defendant's executor or heirs. This information is essential to your ongoing case since you will need to replace the original defendant with the name of the executor or heirs administering the defendant's estate.

The death certificate and the identity of the executor or heirs can then be submitted to the court for review. A judge verifies all pertinent information and advises the court clerk to issue a scire facias to the administrator or heirs so that they know they have been named as the new defendant in a wrongful death lawsuit.

When the Plaintiff Dies

A wrongful death lawsuit doesn't disappear when a plaintiff passes away either. The plaintiff's estate is still entitled to receive the financial compensation that comes from winning a wrongful death lawsuit. It's important that the cause of death be identified before taking further action when a plaintiff passes away.

If the plaintiff's demise can serve as the foundation for a new wrongful death lawsuit, their surviving family members can file a new lawsuit. The old lawsuit would continue through the legal process with the estate listed as the complainant.

An attorney will be needed to ensure that the proceeds of a wrongful death case awarded to an estate are distributed according to all applicable probate laws governing the case.

Death Prior to Filing

It can take some time to build a good wrongful death case. The defendant who will be named in the lawsuit could potentially pass away before any paperwork is filed with the court. This unique scenario requires that an attorney take action on behalf of the complainant to preserve their right to pursue the wrongful death lawsuit in the future.

An attorney will need to notify the court that a wrongful death action is pending. The probate court will then be advised to defer the disbursement of the defendant's assets until after the wrongful death case has been resolved. Documentation of the defendant's assets prior to death will be obtained from the probate court and used as evidence in the pending wrongful death lawsuit.

As long as the wrongful death lawsuit is filed before the statute of limitations expires, it will take precedence over probate proceedings.

The death of one of the parties involved in a wrongful death lawsuit can certainly complicate the process, but it doesn't have to mean the lawsuit falls by the wayside. A wrongful death attorney will be able to take the death of a party in stride and still pursue maximum damages for their client.